The national government has little direct control over elections in the United States. The power to pass laws related to elections - how they are conducted for example - is delegated to the states. The states then delegate the actual conduction of elections to local governments, primarily counties. At least that's how things work in Texas.
One of the areas where the national government is active is in rules related to financing campaigns. Beginning in the progressive era, concerns arose that the increased amounts of money pumped into elections was distorting democracy, if not leading to outright corruption. Laws of various types were were passed placing limits on campaign spending. These ultimately led to the establishment of an executive infrastructure overseeing campaign finance and with the power to impose penalties if necessary.
But by the late 20th century a backlash developed which held that limitations on campaign spending were unconstitutional. This was based on the argument that spending on campaigns fueled a campaigns message, which was not only speech, but political speech which is the most protected type of speech. With that in mind, the Supreme Court has increasingly found some of these limitations on spending unconstitutional. This process is still underway, so the final word on the proper allowable limits on campaign finance has yet to be written.
Goals
- To understand the basic purposes of campaign finance rules.
- To understand the impact of money on the political process and how various pieces of legislation have attempted to mitigate it.
- To know few things about the spoils system and patronage.
- To have familiarity with the key pieces of legislation limiting campaign spending.
- To be familiar with the history of efforts Key Terms
- The spoils system
- Political Machines
- Pay to Play
- The Pendleton Civil Service Reform Act
- The Hatch Act
- Political Action Committees
- Super PACs
- Leadership PACs
- Federal Election Campaign Act
- The Federal Election Commission
- Hard Money
- Soft Money
- Issue Ads
- Bipartisan Campaign Reform Act
- 527 Organizations
- The Disclose Act
- Buckley v Valeo
- Free Speech
- Political Speech
- Campaign Spending
- Campaign Contributions
- Citizens United v. Federal Election Commission
- corporate personhood
- 501(c)(4) organizations
- Speechnow.org v. Federal Election Commission
Description
The national government has little direct control over elections in the United States. The power to pass laws related to elections - how they are conducted for example - is delegated to the states. The states then delegate the actual conduction of elections to local governments, primarily counties. At least that's how things work in Texas.
One of the areas where the national government is active is in rules related to financing campaigns. Beginning in the progressive era, concerns arose that the increased amounts of money pumped into elections was distorting democracy, if not leading to outright corruption. Laws of various types were were passed placing limits on campaign spending. These ultimately led to the establishment of an executive infrastructure overseeing campaign finance and with the power to impose penalties if necessary.
But by the late 20th century a backlash developed which held that limitations on campaign spending were unconstitutional. This was based on the argument that spending on campaigns fueled a campaigns message, which was not only speech, but political speech which is the most protected type of speech. With that in mind, the Supreme Court has increasingly found some of these limitations on spending unconstitutional. This process is still underway, so the final word on the proper allowable limits on campaign finance has yet to be written.
Goals
- To understand the basic purposes of campaign finance rules.
- To understand the impact of money on the political process and how various pieces of legislation have attempted to mitigate it.
- To know few things about the spoils system and patronage.
- To have familiarity with the key pieces of legislation limiting campaign spending.
- To be familiar with the history of efforts
Key Terms
- The spoils system
- Political Machines
- Pay to Play
- The Pendleton Civil Service Reform Act
- The Hatch Act
- Political Action Committees
- Super PACs
- Leadership PACs
- Federal Election Campaign Act
- The Federal Election Commission
- Hard Money
- Soft Money
- Issue Ads
- Bipartisan Campaign Reform Act
- 527 Organizations
- The Disclose Act
- Buckley v Valeo
- Free Speech
- Political Speech
- Campaign Spending
- Campaign Contributions
- Citizens United v. Federal Election Commission
- corporate personhood
- 501(c)(4) organizations
- Speechnow.org v. Federal Election Commission